How Appealing



Tuesday, June 6, 2017

“Is Trump Trying to Lose? Three ways Monday’s bizarre tweetstorm sabotages his administration’s defense of the travel ban.” Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Posted at 9:04 PM by Howard Bashman



“Can Bipartisan Criminal-Justice Reform Survive in the Trump Era?” Justin George has this post online at The New Yorker.

Posted at 8:54 PM by Howard Bashman



“Jeff Sessions suggested he could resign amid rising tension with President Trump”: Jonathan Karl of ABC News has this report.

Posted at 8:07 PM by Howard Bashman



“Gov. Andrew Cuomo could pick first LGBT judge for high court”: Jon Campbell of The Rochester (N.Y.) Democrat & Chronicle has this report.

Posted at 6:10 PM by Howard Bashman



“Trump tweets could create ethics headaches for DOJ lawyers”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

The post comes with its own trigger-warning, sure to inspire many “How Appealing” readers to click-through: “Quote in 8th paragraph may be objectionable to some readers.”

Posted at 6:00 PM by Howard Bashman



“New high court challenge to labor unions follows 4-4 split”: Sam Hananel of The Associated Press has a report that begins, “Conservative groups are wasting little time in trying to deal a crippling blow to labor unions now that Justice Neil Gorsuch has joined the Supreme Court.”

Posted at 5:54 PM by Howard Bashman



“Professor Amy Coney Barrett — Nominee to the U.S. Court of Appeals for the Seventh Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 1:22 PM by Howard Bashman



Monday, June 5, 2017

Programming note: On Tuesday morning, I will be presenting oral argument in an appeal on behalf of the plaintiffs-appellants to a three-judge panel of the Superior Court of Pennsylvania. Additional posts will appear here Tuesday afternoon.

As always while I am away from the office, appellate-related retweets are more likely to appear on this blog’s Twitter feed.

Posted at 11:35 PM by Howard Bashman



“Trump’s Tweets May Have Sunk His Travel Ban: The president fires off some ill-advised tweets confirming the legal arguments opposed to his policy.” Law professor Garrett Epps has this essay online at The Atlantic.

Online at Bloomberg View, law professor Noah Feldman has an essay titled “Trump Tanks His Own Case at the Supreme Court: How to create a headache for your lawyers in four tweets.”

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled “With Every Tweet, Trump Turns His DOJ Into More of a Mockery: How the president is losing his travel ban case every time he tweets about his travel ban.”

Posted at 3:32 PM by Howard Bashman



“Nominating Judge Humetewa to the Ninth Circuit”: Carl Tobias has this post at the blog of the Los Angeles Review of Books.

Posted at 11:15 AM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in four argued cases.

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Advocate Health Care Network v. Stapleton, No. 16-74. Justice Sonia Sotomayor issued a concurring opinion. You can access the oral argument via this link.

2. Justice Sotomayor delivered the opinion for a unanimous Court in Honeycutt v. United States, No. 16-142. You can access the oral argument via this link.

3. Justice Sotomayor delivered the opinion of the Court (with Justice Neil M. Gorsuch participating) in Kokesh v. SEC, No. 16-529. You can access the oral argument via this link.

4. And Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court (with Justice Gorsuch participating) in Town of Chester v. Laroe Estates, Inc., No. 16-605. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Justices side with religious hospitals in pension dispute“; “High court limits seizure of assets from drug conspiracies“; and “Justices limit recovery in securities fraud cases.”

Posted at 10:05 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one case and summarily affirmed in one case.

In addition, in North Carolina v. Covington, No. 16-1023, on direct appeal from a federal district court’s decision, the Court issued a unanimous, per curiam decision vacating the district court’s remedial order and remanding the case for further proceedings.

In early news coverage, The Associated Press reports that “Justices will review police use of cellphone tower data” and “Justices affirm ruling striking NC legislative districts.”

Posted at 9:36 AM by Howard Bashman



“Trump Doubles Down on Original ‘Travel Ban'”: Peter Baker of The New York Times has this report.

Paige Winfield Cunningham and Brian Murphy of The Washington Post report that “In Twitter barrage, Trump ramps up push for ‘TRAVEL BAN!’ even as opposition hardens.”

Lawrence Hurley and Susan Heavey of Reuters report that “Trump urges tougher U.S. travel ban, expedited court review.”

And Julie Pace and Darlene Superville of The Associated Press report that “Trump assails Justice Dep’t court strategy on travel ban.”

Posted at 8:36 AM by Howard Bashman



Sunday, June 4, 2017

“A panoply of challenges to discourse, and a bright spot locally: Consider, please, the example of three judges who lean left backing one who’s solidly on the right.” Columnist D.J. Tice has this essay online at The Minneapolis Star Tribune.

Earlier, retired Minnesota Supreme Court Justices Alan C. Page, Helen M. Meyer, and Paul H. Anderson had an essay titled “The case for the nomination of David Stras to the federal courts; As retired justices who once served with him on the Minnesota Supreme Court, we can attest that he has the attributes needed.”

Posted at 10:42 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: En Banc Oral Argument (Part II).” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 8:42 PM by Howard Bashman



“The Key Word for Travel Ban Is ‘Animus’; Court rulings against Trump so far keep mentioning one of Justice Kennedy’s favorite concepts”: Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 8:36 PM by Howard Bashman



“The judge who says he’s part of the gravest injustice in America”: Mallory Simon and Sara Sidner of CNN.com have this report.

Posted at 8:26 PM by Howard Bashman



Saturday, June 3, 2017

“Innocent Until Your Mug Shot Is on the Internet”: Tim Stelloh will have this essay in the SundayReview section of tomorrow’s edition of The New York Times.

As the essay explains, “Federal authorities have considered the release of a booking photograph an invasion of privacy, and in its ruling last year, the Sixth Circuit Court of Appeals agreed, overruling a 1996 decision that allowed the release. The Free Press appealed this decision to the United States Supreme Court; last month, the court declined to hear the case.”

Posted at 11:04 PM by Howard Bashman